HomeMy WebLinkAboutMINUTES - 01251994 - 1.15 TO: BOARD OF SUPERVISORS
FROM: VICTOR J. WESTMAN, COUNTY COUNSEL
DATE: January 25, 1994
SUBJECT: SETTLEMENT OF LITIGATION - BARBIERI v. CONTRA COSTA COUNTY
Contra Costa County Superior Court Case No. C93-00514
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE resolution of action and AUTHORIZE County Counsel to
sign involved documents .
II . FINANCIAL IMPACT:
None. This case was litigated pursuant to an agreement
requiring the Subdivider of Subdivision 6610 to pay for the
costs of defending the litigation filed against the. County.
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Litigation was filed against the County in 1993 .(Barbieri v.
County of Contra Costa, Contra Costa County Superior Court
Case No. C93-00514) seeking to quiet title to certain property
necessary for the extension of Sandmound Boulevard, which at
one time was offered for dedication to the County ( "proposed
dedication area" ) . The Subdivider of Subdivision 6610
requested that the foregoing litigation (hereinafter the
"Lawsuit" ) be defended by or on behalf of the County to
preserve any interest the County might have had in the area
offered for dedication. An Agreement, pursuant to which the
Subdivider agreed to defend the lawsuit and to pay all costs
associated with the Lawsuit, was approved by the Board on or
about May 18, 1993 . In approving this Agreement, the County
made no representation of any kind relating to its interest or
potential interest in the proposed dedication area . The Board
Order approving the Agreement specifically stated that such
action was not intended to affect or alter any subsequent
Agreement or requirements relating to the acquisition of off-
site right-of-way.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
�Z,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF O'OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON January 25, 1994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: County Counsel ATTESTED
cc: County Counsel
Public Works Department PHIL BATCHELOR, CLERK OF
Attn: Mitch Avalon THE BOARD OF SUPERVISORS
Paul Gavey AND COUNTYADMINISTRATOR
BY DEPUTY
CONTACT: S. Anderson (646-2064)
It has been represented to the County that, in the course of
litigating this matter all parties, including the Subdivider and
the Subdivider' s attorney have become satisfied that the offer
of dedication has expired. The County has been asked to sign
a stipulation for entry of judgment, quieting title to the
subject property in the plaintiff, with each party to bear its
own attorneys fees and costs, and dismissing with prejudice the
first amended cross-complaint filed in the action by the County
on July 30, 1993 .
It should be emphasized that the execution of the stipulated
judgment by the County does not relieve this, or any subsequent
Subdivider of its obligation to comply with any and all
conditions of approval required for Subdivision 6610, including
but not limited to the requirement that the ,Subdivider construct
or install certain off-site improvements and provide a road
right-of-way for the extension of Sandmound Boulevard from its
current terminus to the .boundary of Subdivision 6610 .
IV. CONSEQUENCES OF NEGATIVE ACTION:
It is likely that a summary judgment will be entered against the
County quieting title to the property in the plaintiff and
requiring the County to pay the plaintiff ' s costs .
s1a8\a:\barbieri.set
2
l